The Hardy County Commission unanimously voted to appoint former Judge Robert Edward Ryan to become the new Hardy County Prosecuting Attorney effective Apr. 30, 2025.
Ryan’s appointment was made at a special meeting of the Commission on Apr. 23, following the Apr. 18, 2025, resignation of Jeff Weatherholt.
Weatherholt, whose resignation letter offered no explanation, was elected in Nov. 2024 with 60 percent of the vote. No reason for Weatherholt’s resignation was provided during the meeting.
In a subsequent email to the Examiner following a request for comment, Weatherholt took aim at the Commission and said he believed the budget for the Prosecutor’s office allowed for two assistant prosecutors.
His statement read, in part, “When I filed to run for this position, it had only been a year and a half since that office had two assistant prosecutors (in addition to the prosecuting attorney). I spoke to members of the County Commission about a second assistant prosecutor prior to the election and more recently during the budgeting process. I also advertised for two assistant prosecutors immediately after the County Commission canvassed and certified the results. However, when my budget was set for the coming fiscal year, July 1, 2025, through June 30, 2026, the County Commission cut my budget, instead of leaving it the same, or adding what I requested, which I felt was necessary to hire a second good assistant prosecutor. That was very disappointing.”
Commission President Steven Schetrom and County Clerk Loretta Humbertson said that’s not accurate.
Weatherholt requested a FY 2025/26 budget of $534,000, a 71 percent increase over projected FY 2024/25 expenses and a 53 percent increase over FY 2023/24 actual expenses.
It was “an unreasonable budget request,” according to Schetrom. who pointed out that county tax revenue increased only six percent.
The Commission approved a $398,000 budget for Weatherholt, a 14 percent increase over 2023/24 actual expenses and a 27 percent increase over projected 2024/25 expenses.
“It’s misleading for him to say we’re refusing something. We’re giving him guidance within that overall budget number, but within that office we don’t determine who gets what,” Schetrom added. “That public official has discretion over how that money gets spent.”
Humbertson said that the FY 2023/24 and FY 2024/25 budgets even reflected “inflated values” because of a settlement reached in the sexual assault lawsuit against former Prosecuting Attorney Lucas See.
Portions of those budgets reflected salaries and affiliated expenses paid to two individuals who were placed on administrative leave with pay, as well as to the employees brought in to replace them.
Humbertson says she made it clear to Weatherholt in multiple conversations during the budget process that there was “never an allowance in that budget” for those expenses to be carried forward.
“He stayed in office for less than four months. He should have been getting his ducks in a row,” said Schetrom. He should have been coming to an understanding of what it took to manage that office within a budget,” Schetrom said.
In fact, Weatherholt previously said he would do just that.
In an Oct. 18, 2024, interview with the Examiner, Weatherholt was asked how he would use his discretion to ensure limited resources are used efficiently.
“Being a good steward of the public’s money allotted for the Prosecuting Attorney’s budget, will be a priority. I will conduct myself in a professional manner, and examine the budget, adjusting as needed,” he said at the time.
Weatherholt’s statement regarding his resignation went on to read, “The state of my office when I took office has not been a secret, including the number of backlogged cases. It appears to me there is a year’s worth of work for one attorney to address, and that is to just address the backlog. If two prosecutors could not keep up before Jan. 21, 2025, then why would one think that only can two prosecutors can keep up now?”
Weatherholt was aware of the caseload even before being elected. In that same Oct. 18 Examiner interview, he acknowledged a backlog of 64 cases waiting to be addressed.
“He began asking for a second assistant before he even started,” Schetrom said.
In fact, Weatherholt advertised for assistants on Facebook before being sworn into office. Posts made Nov. 8, 2024, just three days after the election, indicate he was seeking two full-time and one part-time clerical and legal assistants, and indicated a desire to hire two full-time assistant prosecutors.
On Nov. 18, after certification but before being sworn in, another Facebook post solicited two full-time and one part-time staff, along with two full-time assistant prosecuting attorneys.
“We’ve approved the second [assistant] prosecutor before. Probably if you just get in there and do your job, probably its eventually approved, but maybe work through this year with what you have and learn to set priorities in terms of cases,” Schetrom said in response. “He just failed in that.”
At the time of his resignation his office was operating with one Assistant Prosecutor and two full-time legal assistants.
“Jeff really had a chance to do something. He was voted into an office which probably represented him punching much higher than his weight level. He showed a shocking lack of preparation,” Schetrom said.
He also pointed out that Ryan was working in the prosecutor’s office the entire month of January, aiding the transition. He was also serving as a legal consultant to the Commission, a role typically performed by the prosecuting attorney.
Schetrom said Ryan knew everything that was going on in the office and was fully aware of the budget. “He wasn’t deterred.”
Weatherholt’s statement concluded, “A County Commissioner asked me to run for this position, and I thought we wanted to change things in the Office of the Prosecuting Attorney. Even with the number of hours that I have been working, I did not feel that I was keeping up, and I certainly did not want to add to the backlog of cases. Unfortunately, I do not see things really changing in that office until a second Assistant Prosecutor is approved and hired, but I wish my successor the best, and I will try to make the transition as smooth as possible.”
Hardy County Republican Party Chair Sherri Hof said it was the party’s Executive Committee who recruited Weatherholt to run, adding “We did a lot of work and spent a lot of money to get Jeff elected.” She said the Committee asked him to enter the race at its 2023 annual Reagan Dinner.
Asked whether she thought Ryan’s appointment was the right choice, she said, “Absolutely. This is a win-win for the county.”
Ryan, who resides in Maysville, has practiced law for 25 years; 23 of those as a civil litigator.
He earned his bachelor’s degree in political science from West Virginia University in 1996 and his law degree from Washington and Lee University School of Law in 2000. He is admitted to practice law in W.Va.; Pa.; Ky.; and Ohio, as well as two U.S. Courts of Appeals, and five U.S. District Courts.
Former Governor Jim Justice appointed Ryan to the Twenty-First Judicial Circuit, which includes Grant County, in July 2023. His appointment ended at the end of 2024.
According to Ryan he has tried only one criminal case. That case was in Hardy County, and he secured a conviction of 14 sexual counts against a minor.
The Commission selected Ryan after deliberating in executive session for approximately an hour. It heard input from Sheriff Dawson and other law enforcement officers as well as Assistant Prosecuting Attorney Justina Helmick.
Prior to entering executive session, Commission President Steven Schetrom called the special meeting to order and announced receipt of Weatherholt’s notice of resignation. A motion was made and seconded to accept the resignation. There was no discussion, and the resignation was accepted unanimously.
Due to the large number of public attendees, Commissioner David Workman opened the floor to comments and questions prior to the executive session.
Several questions from attendees centered around who was under consideration, the level of support from local law enforcement, and whether the Commissioners witnessed firsthand the candidates in the courtroom.
Schetrom said local law enforcement suggested several candidates and that the Commission was familiar with and confident in those under consideration, though not all members had seen the candidates in the courtroom.
In response to other questions Schetrom clarified that the term of office being filled was through the next general election in Nov. 2026. He also confirmed that the appointed replacement must be a member of the same party as the current office holder.
Despite living in Grant County, under state law Ryan is eligible to seek election to the office in Nov. 2026.
